Senator Mike DeWine, R-Ohio, apparently wants to help the President out. This may have something to do with the fact that he is running for reelection this year and his seat is considered vulnerable. In response to the continuing controversy over the President’s warrantless surveillance program, DeWine is proposing a bill that “would exempt the eavesdropping from the intelligence court� that was created by the Foreign Intelligence Surveillance Act (FISA). In other words, he wants to change the law to legalize what is currently illegal and allow the NSA to spy on whomever they wish with little or no oversight. Not surprisingly, the White House appears to back such legislation. Yesterday, in a “Press Gaggle� on Air Force One, Deputy Press Secretary Trent Duffy had this exchange with a reporter:

Q. On the NSA program, apparently the White House is agreeing to actually look at legislation. Do you know if the White House would agree to legislation that would specifically authorize the NSA program under FISA, and bring it under FISA rules?

MR. DUFFY: Well, I’ll decline to get into the specifics about the discussions, but the White House does look forward to working on legislation to further codify the President’s authority. I believe that Senator DeWine has offered some good legislative principles in this area, and we look forward to working with the Congress on that. The President believes that he has the authority necessary, but of course we’re willing to work with the Congress if they feel that further codification of that would be necessary.

Duffy also reported later that, on February 23, the President would be attending “a Mike DeWine for United States Senate reception in Cincinnati.� Well, gee, that’s a coincidence. But, getting back to DeWine’s proposed legislation, I wonder if he understands that—regardless whether such legislation is enacted by Congress and can pass constitutional muster and whether Mr. Bush “believes that he has the authority necessary� to circumvent FISA now (remember, he also believes God speaks through him)—the President is still liable and can still be prosecuted (or impeached) for any previous activities that violated the law. Similarly, if Dick Cheney were to shoot a lawyer the week before lawyer hunting season officially opened, he would be considered in violation of the law. Absent any sort of grandfathering clause, subsequent changes in the law do not excuse prior violations of the law.

Of course, even though he is technically an attorney, Mike DeWine does not appear overly interested in the finer points of the law. As reported on the website Think Progress, DeWine was interviewed by Fox News yesterday and offered this rosy analysis of the warrantless surveillance program:

“You know, there’s been some controversy about whether or not this program is legal or is not legal. I think we need to get beyond that. And the vast majority of American people believe these calls need to be listened to. But we don’t want to have any kind of debate about whether it’s constitutional or not constitutional. So I think we need to put that beyond us.�

While we’re at it, maybe we should declare martial law and just completely scuttle the Bill of Rights. Thanks, Mr. DeWine, but no thanks. I respectfully reserve the right to debate and illuminate those issues that threaten my liberties. Neither you nor President Bush can take that away from me. To quote Charlton Heston of all people: “From my cold, dead hands!�